2929.18
Financial sanctions - felony.

(A)
Except as otherwise provided in this division and in addition to imposing court
costs pursuant to section
2947.23 of the Revised Code, the
court imposing a sentence upon an offender for a felony may sentence the
offender to any financial sanction or combination of financial sanctions
authorized under this section or, in the circumstances specified in section
2929.32 of the Revised Code, may
impose upon the offender a fine in accordance with that section. Financial
sanctions that may be imposed pursuant to this section include, but are not
limited to, the following:

(1)
Restitution
by the offender to the victim of the offender's crime or any survivor of the
victim, in an amount based on the victim's economic loss. If the court imposes
restitution, the court shall order that the restitution be made to the victim
in open court, to the adult probation department that serves the county on
behalf of the victim, to the clerk of courts, or to another agency designated
by the court. If the court imposes restitution, at sentencing, the court shall
determine the amount of restitution to be made by the offender. If the court
imposes restitution, the court may base the amount of restitution it orders on
an amount recommended by the victim, the offender, a presentence investigation
report, estimates or receipts indicating the cost of repairing or replacing
property, and other information, provided that the amount the court orders as
restitution shall not exceed the amount of the economic loss suffered by the
victim as a direct and proximate result of the commission of the offense. If
the court decides to impose restitution, the court shall hold a hearing on
restitution if the offender, victim, or survivor disputes the amount. All
restitution payments shall be credited against any recovery of economic loss in
a civil action brought by the victim or any survivor of the victim against the
offender.

If the court imposes
restitution, the court may order that the offender pay a surcharge of not more
than five per cent of the amount of the restitution otherwise ordered to the
entity responsible for collecting and processing restitution payments.

The victim or survivor may
request that the prosecutor in the case file a motion, or the offender may file
a motion, for modification of the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it determines
appropriate.

(2)
Except as
provided in division (B)(1), (3), or (4) of this section, a fine payable by the
offender to the state, to a political subdivision, or as described in division
(B)(2) of this section to one or more law enforcement agencies, with the amount
of the fine based on a standard percentage of the offender's daily income over
a period of time determined by the court and based upon the seriousness of the
offense. A fine ordered under this division shall not exceed the maximum
conventional fine amount authorized for the level of the offense under division
(A)(3) of this section.

(3)
Except as
provided in division (B)(1), (3), or (4) of this section, a fine payable by the
offender to the state, to a political subdivision when appropriate for a
felony, or as described in division (B)(2) of this section to one or more law
enforcement agencies, in the following amount:

(a)
For
a felony of the first degree, not more than twenty thousand dollars;

(b)
For
a felony of the second degree, not more than fifteen thousand
dollars;

(c)
For a felony
of the third degree, not more than ten thousand dollars;

(d)
For
a felony of the fourth degree, not more than five thousand dollars;

(e)
For
a felony of the fifth degree, not more than two thousand five hundred
dollars.

(4)
A state fine
or costs as defined in section
2949.111 of the Revised
Code.

(5)

(a)
Reimbursement by the offender of any or all of the costs of sanctions incurred
by the government, including the following:

(i)
All
or part of the costs of implementing any community control sanction, including
a supervision fee under section
2951.021 of the Revised
Code;

(ii)
All or part
of the costs of confinement under a sanction imposed pursuant to section
2929.14,
2929.142, or
2929.16 of the Revised Code,
provided that the amount of reimbursement ordered under this division shall not
exceed the total amount of reimbursement the offender is able to pay as
determined at a hearing and shall not exceed the actual cost of the
confinement;

(iii)
All or part
of the cost of purchasing and using an immobilizing or disabling device,
including a certified ignition interlock device, or a remote alcohol monitoring
device that a court orders an offender to use under section
4510.13 of the Revised
Code.

(b)
If the
offender is sentenced to a sanction of confinement pursuant to section
2929.14 or
2929.16 of the Revised Code that
is to be served in a facility operated by a board of county commissioners, a
legislative authority of a municipal corporation, or another local governmental
entity, if, pursuant to section
307.93,
341.14,
341.19,
341.23,
753.02,
753.04,
753.16,
2301.56, or
2947.19 of the Revised Code and
section 2929.37 of the Revised Code, the
board, legislative authority, or other local governmental entity requires
prisoners to reimburse the county, municipal corporation, or other entity for
its expenses incurred by reason of the prisoner's confinement, and if the court
does not impose a financial sanction under division (A)(5)(a)(ii) of this
section, confinement costs may be assessed pursuant to section
2929.37 of the Revised Code. In
addition, the offender may be required to pay the fees specified in section
2929.38 of the Revised Code in
accordance with that section.

(c)
Reimbursement by the offender for costs pursuant to section
2929.71 of the Revised
Code.

(B)

(1)
For
a first, second, or third degree felony violation of any provision of Chapter
2925., 3719., or 4729. of the Revised Code, the sentencing court shall impose
upon the offender a mandatory fine of at least one-half of, but not more than,
the maximum statutory fine amount authorized for the level of the offense
pursuant to division (A)(3) of this section. If an offender alleges in an
affidavit filed with the court prior to sentencing that the offender is
indigent and unable to pay the mandatory fine and if the court determines the
offender is an indigent person and is unable to pay the mandatory fine
described in this division, the court shall not impose the mandatory fine upon
the offender.

(2)
Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon an offender under
division (A)(2) or (3) of this section for any fourth or fifth degree felony
violation of any provision of Chapter 2925., 3719., or 4729. of the Revised
Code shall be paid to law enforcement agencies pursuant to division (F) of
section 2925.03 of the Revised
Code.

(3)
For a fourth degree felony OVI offense and for a
third degree felony OVI offense, the sentencing court shall impose upon the
offender a mandatory fine in the amount specified in division (G)(1)(d) or (e)
of section 4511.19 of the Revised Code,
whichever is applicable. The mandatory fine so imposed shall be disbursed as
provided in the division pursuant to which it is imposed.

(4)
Notwithstanding any fine otherwise authorized or required to be imposed under
division (A)(2) or (3) or (B)(1) of this section or section
2929.31 of the Revised Code for
a violation of section
2925.03 of the Revised Code, in
addition to any penalty or sanction imposed for that offense under section
2925.03 or sections
2929.11 to
2929.18 of the Revised Code and
in addition to the forfeiture of property in connection with the offense as
prescribed in Chapter 2981. of the Revised Code, the court that sentences an
offender for a violation of section
2925.03 of the Revised Code may
impose upon the offender a fine in addition to any fine imposed under division
(A)(2) or (3) of this section and in addition to any mandatory fine imposed
under division (B)(1) of this section. The fine imposed under division (B)(4)
of this section shall be used as provided in division (H) of section
2925.03 of the Revised Code. A
fine imposed under division (B)(4) of this section shall not exceed whichever
of the following is applicable:

(a)
The total
value of any personal or real property in which the offender has an interest
and that was used in the course of, intended for use in the course of, derived
from, or realized through conduct in violation of section
2925.03 of the Revised Code,
including any property that constitutes proceeds derived from that
offense;

(b)
If the
offender has no interest in any property of the type described in division
(B)(4)(a) of this section or if it is not possible to ascertain whether the
offender has an interest in any property of that type in which the offender may
have an interest, the amount of the mandatory fine for the offense imposed
under division (B)(1) of this section or, if no mandatory fine is imposed under
division (B)(1) of this section, the amount of the fine authorized for the
level of the offense imposed under division (A)(3) of this
section.

(5)
Prior to imposing a fine under division (B)(4) of
this section, the court shall determine whether the offender has an interest in
any property of the type described in division (B)(4)(a) of this section.
Except as provided in division (B)(6) or (7) of this section, a fine that is
authorized and imposed under division (B)(4) of this section does not limit or
affect the imposition of the penalties and sanctions for a violation of section
2925.03 of the Revised Code
prescribed under those sections or sections
2929.11 to
2929.18 of the Revised Code and
does not limit or affect a forfeiture of property in connection with the
offense as prescribed in Chapter 2981. of the Revised Code.

(6)
If
the sum total of a mandatory fine amount imposed for a first, second, or third
degree felony violation of section
2925.03 of the Revised Code
under division (B)(1) of this section plus the amount of any fine imposed under
division (B)(4) of this section does not exceed the maximum statutory fine
amount authorized for the level of the offense under division (A)(3) of this
section or section 2929.31 of the Revised Code, the
court may impose a fine for the offense in addition to the mandatory fine and
the fine imposed under division (B)(4) of this section. The sum total of the
amounts of the mandatory fine, the fine imposed under division (B)(4) of this
section, and the additional fine imposed under division (B)(6) of this section
shall not exceed the maximum statutory fine amount authorized for the level of
the offense under division (A)(3) of this section or section
2929.31 of the Revised Code. The
clerk of the court shall pay any fine that is imposed under division (B)(6) of
this section to the county, township, municipal corporation, park district as
created pursuant to section
511.18 or
1545.04 of the Revised Code, or
state law enforcement agencies in this state that primarily were responsible
for or involved in making the arrest of, and in prosecuting, the offender
pursuant to division (F) of section
2925.03 of the Revised
Code.

(7)
If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of section
2925.03 of the Revised Code plus
the amount of any fine imposed under division (B)(4) of this section exceeds
the maximum statutory fine amount authorized for the level of the offense under
division (A)(3) of this section or section
2929.31 of the Revised Code, the
court shall not impose a fine under division (B)(6) of this section.

(8)

(a)
If
an offender who is convicted of or pleads guilty to a violation of section
2905.01,
2905.02,
2907.21,
2907.22, or
2923.32, division (A)(1) or (2)
of section 2907.323, or division (B)(1),
(2), (3), (4), or (5) of section
2919.22 of the Revised Code also
is convicted of or pleads guilty to a specification of the type described in
section 2941.1422 of the Revised Code
that charges that the offender knowingly committed the offense in furtherance
of human trafficking, the sentencing court shall sentence the offender to a
financial sanction of restitution by the offender to the victim or any survivor
of the victim, with the restitution including the costs of housing, counseling,
and medical and legal assistance incurred by the victim as a direct result of
the offense and the greater of the following:

(i)
The
gross income or value to the offender of the victim's labor or
services;

(ii)
The value of
the victim's labor as guaranteed under the minimum wage and overtime provisions
of the "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 20 U.S.C.
207, and state labor laws.

(b)
If
a court imposing sentence upon an offender for a felony is required to impose
upon the offender a financial sanction of restitution under division (B)(8)(a)
of this section, in addition to that financial sanction of restitution, the
court may sentence the offender to any other financial sanction or combination
of financial sanctions authorized under this section, including a restitution
sanction under division (A)(1) of this section.

(9)
In
addition to any other fine that is or may be imposed under this section, the
court imposing sentence upon an offender for a felony that is a sexually
oriented offense or a child-victim oriented offense, as those terms are defined
in section 2950.01 of the Revised Code, may
impose a fine of not less than fifty nor more than five hundred
dollars.

(10)
[Added by
131st General Assembly File No. TBD, HB 60] For a felony
violation of division (A) of section
2921.321 of the Revised Code
that results in the death of the police dog or horse that is the subject of the
violation, the sentencing court shall impose upon the offender a mandatory fine
from the range of fines provided under division (A) (3) of this section for a
felony of the third degree. A mandatory fine imposed upon an offender under
division (B)(10) of this section shall be paid to the law enforcement agency
that was served by the police dog or horse that was killed in the felony
violation of division (A) of section
2921.321 of the Revised Code to
be used as provided in division (E)(1)(b) of that section.

(10)
[Added by
131st General Assembly File No. TBD, HB 359] In addition to any
other fine that is or may be imposed under this section, the court imposing
sentence upon an offender for any of the following offenses that is a felony
may impose a fine of not less than seventy nor more than five hundred dollars,
which shall be transmitted to the treasurer of state to be credited to the
address confidentiality program fund created by section 111.48 of the Revised
Code:

(a)
Domestic violence;

(b)
Menacing by
stalking;

(c)
Rape;

(d)
Sexual battery;

(e)
Trafficking in persons;

(f)
A violation of section
2905.01.
2905.02.
2907.21.
2907.22. or
2923.32. division (A)(1) or (2)
of section 2907.323. or division (B)(1).
(2). (3). (4). or (5) of section
2919.22 of the Revised Code, if
the offender also is convicted of a specification of the type described in
section 2941.1422 of the Revised Code
that charges that the offender knowingly committed the offense in furtherance
of human trafficking.

(C)

(1)
Except as provided in section
2951.021 of the Revised Code,
the offender shall pay reimbursements imposed upon the offender pursuant to
division (A)(5)(a) of this section to pay the costs incurred by a county
pursuant to any sanction imposed under this section or section
2929.16 or
2929.17 of the Revised Code or
in operating a facility used to confine offenders pursuant to a sanction
imposed under section
2929.16 of the Revised Code to
the county treasurer. The county treasurer shall deposit the reimbursements in
the sanction cost reimbursement fund that each board of county commissioners
shall create in its county treasury. The county shall use the amounts deposited
in the fund to pay the costs incurred by the county pursuant to any sanction
imposed under this section or section
2929.16 or
2929.17 of the Revised Code or
in operating a facility used to confine offenders pursuant to a sanction
imposed under section
2929.16 of the Revised
Code.

(2)
Except as provided in section
2951.021 of the Revised Code,
the offender shall pay reimbursements imposed upon the offender pursuant to
division (A)(5)(a) of this section to pay the costs incurred by a municipal
corporation pursuant to any sanction imposed under this section or section
2929.16 or
2929.17 of the Revised Code or
in operating a facility used to confine offenders pursuant to a sanction
imposed under section
2929.16 of the Revised Code to
the treasurer of the municipal corporation. The treasurer shall deposit the
reimbursements in a special fund that shall be established in the treasury of
each municipal corporation. The municipal corporation shall use the amounts
deposited in the fund to pay the costs incurred by the municipal corporation
pursuant to any sanction imposed under this section or section
2929.16 or
2929.17 of the Revised Code or
in operating a facility used to confine offenders pursuant to a sanction
imposed under section
2929.16 of the Revised
Code.

(3)
Except as provided in section
2951.021 of the Revised Code,
the offender shall pay reimbursements imposed pursuant to division (A)(5)(a) of
this section for the costs incurred by a private provider pursuant to a
sanction imposed under this section or section
2929.16 or
2929.17 of the Revised Code to
the provider.

(D)
Except as otherwise provided in this division, a financial sanction imposed
pursuant to division (A) or (B) of this section is a judgment in favor of the
state or a political subdivision in which the court that imposed the financial
sanction is located, and the offender subject to the financial sanction is the
judgment debtor. A financial sanction of reimbursement imposed pursuant to
division (A)(5)(a)(ii) of this section upon an offender who is incarcerated in
a state facility or a municipal jail is a judgment in favor of the state or the
municipal corporation, and the offender subject to the financial sanction is
the judgment debtor. A financial sanction of reimbursement imposed upon an
offender pursuant to this section for costs incurred by a private provider of
sanctions is a judgment in favor of the private provider, and the offender
subject to the financial sanction is the judgment debtor.
A financial sanction of a mandatory fine imposed under
division (B) (10) of this section that is required under that division to be
paid to a law enforcement agency is a judgment in favor of the specified law
enforcement agency, and the offender subject to the financial sanction is the
judgment debtor. A financial sanction of restitution imposed pursuant to
division (A) (1) or (B)(8) of this section is an order in favor of the victim
of the offender's criminal act that can be collected through a certificate of
judgment as described in division (D)(1) of this section, through execution as
described in division (D)(2) of this section, or through an order as described
in division (D)(3) of this section, and the offender shall be considered for
purposes of the collection as the judgment debtor. Imposition of a financial
sanction and execution on the judgment does not preclude any other power of the
court to impose or enforce sanctions on the offender. Once the financial
sanction is imposed as a judgment or order under this division, the victim,
private provider, state, or political subdivision may do any of the following:

(1)
Obtain from the clerk of the court in which the judgment was entered a
certificate of judgment that shall be in the same manner and form as a
certificate of judgment issued in a civil action;

(2)
Obtain execution of the judgment or order through any available procedure,
including:

(a)
An execution
against the property of the judgment debtor under Chapter 2329. of the Revised
Code;

(b)
An execution
against the person of the judgment debtor under Chapter 2331. of the Revised
Code;

(c)
A proceeding
in aid of execution under Chapter 2333. of the Revised Code, including:

(d)
The
attachment of the property of the judgment debtor under Chapter 2715. of the
Revised Code;

(e)
The
garnishment of the property of the judgment debtor under Chapter 2716. of the
Revised Code.

(3)
Obtain an
order for the assignment of wages of the judgment debtor under section
1321.33 of the Revised
Code.

(E)
A court that imposes a financial sanction upon an
offender may hold a hearing if necessary to determine whether the offender is
able to pay the sanction or is likely in the future to be able to pay
it.

(F)
Each court imposing a financial sanction upon an
offender under this section or under section
2929.32 of the Revised Code may
designate the clerk of the court or another person to collect the financial
sanction. The clerk or other person authorized by law or the court to collect
the financial sanction may enter into contracts with one or more public
agencies or private vendors for the collection of, amounts due under the
financial sanction imposed pursuant to this section or section
2929.32 of the Revised Code.
Before entering into a contract for the collection of amounts due from an
offender pursuant to any financial sanction imposed pursuant to this section or
section 2929.32 of the Revised Code, a
court shall comply with sections
307.86 to
307.92 of the Revised
Code.

(G)
If a court that imposes a financial sanction under
division (A) or (B) of this section finds that an offender satisfactorily has
completed all other sanctions imposed upon the offender and that all
restitution that has been ordered has been paid as ordered, the court may
suspend any financial sanctions imposed pursuant to this section or section
2929.32 of the Revised Code that
have not been paid.

(H)
No financial sanction imposed under this section
or section 2929.32 of the Revised Code
shall preclude a victim from bringing a civil action against the
offender.